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Jarvis v. Rexburg Nursing Center12/26/2001
longer in the period of recovery, and the total temporary benefits cease. Loya v. J.R. Simplot Co., 120 Idaho 62, 813 P.2d 873 (1991); Harrison v. Osco Drug, Inc., 116 Idaho 470, 776 P.2d 1189 (1989); Paulson v. Idaho Forest Indus., Inc., 99 Idaho 896, 591 P.2d 143 (1979). Jarvis does not contest the Commission's finding regarding medical stability, and therefore the Commission did not err in terminating Jarvis' total temporary benefits as of the date of medical stability, which was March 13, 1995.
D. Did the Industrial Commission err in failing to retain jurisdiction?
Jarvis contends that the Industrial Commission erred in refusing to retain jurisdiction. She argues that it should be required to retain jurisdiction so that it can monitor her future medical treatment. In Reynolds v. Browning Ferris Indus., 113 Idaho 965, 969-70, 751 P.2d 113, 117-18 (1988), we stated:
Although it was entirely appropriate for the Commission to retain jurisdiction of Reynolds' case, there is also another possible approach the Commission may appropriately utilize in order to determine his permanent partial disability rating. The authority for this alternative approach is found in I.C. § 72-425:
Permanent disability evaluation. -- "Evaluation (rating) of permanent disability" is an appraisal of the injured employee's present and probable future ability to engage in gainful activity as it is affected by the medical factor of permanent impairment and by pertinent non-medical factors provided in section 72-430, Idaho Code. (Emphasis added).
Under I.C. § 72-425, the Commission can presently make an award for permanent disability based upon the injured employee's "present and probable future ability to engage in gainful activity." The Commission may thus estimate a claimant's probable future disability and reduce it to present value for the purpose of making a final award which takes into account probable future changes in impairment. Thus, when the Commission estimates what the claimant's future disability might be, it will in a sense be functioning much like any jury or trier-of-fact in a personal injury action.
Jarvis has not argued that her condition is progressive, nor has she argued that the Commission failed to take into account factors that may impact her probable future ability to engage in gainful activity. Although Jarvis may disagree with the Commission's conclusions regarding the extent of her disability, she has not shown that the Commission abused its discretion in failing to retain jurisdiction.
E. Did the Industrial Commission err in failing to liquidate Claimant's future benefits?
Finally, Jarvis argues that the Industrial Commission erred in failing to exercise its authority under Idaho Code § 72-404 to calculate a lump sum payment for all future benefits she is entitled to receive. She states that because the employer was not insured and is not voluntarily making the required payments, she must obtain her benefits by securing a judgment against the employer and then executing upon its assets. Jarvis submits that it would be beneficial to her to be able to collect all of her benefits through one judgment and writ of execution rather than through multiple judgments and writs of execution.
The Commission may award a lump sum award of benefits when, in its discretion, doing so would be in the best interest of all parties. Jarvis has not shown that the Commission abused its discretion in failing to do so in this case.
V. CONCLUSION
We affirm the order of the Industrial Commission.
Chief Justice TROUT, and Justices SCHROEDER, WALTERS and KIDWELL CONCUR.
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